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ANKRAH V. OFORI AND OTHERS

(1974) JELR 68202 (CA)

Court of Appeal  •  15 Jan 1974  •  Ghana

Coram
AZU CRABBE C.J.,LASSEY JA,HAYFRON-BENJAMIN J.A.

Appearances
E. D. KOM FOR THE APPELLANT; NO APPEARANCE BY OR FOR THE RESPONDENTS.

Judgement

AZU CRABBE C.J.

The short, but nonetheless, interesting point that arises on this appeal is whether the learned trial judge was justified in holding that the respondents were entitled to protection under the Land Development (Protection of Purchasers) Act, 1960 (Act 2).

On 2 October 1965, the appellant caused a writ of summons to issue in which he claimed against the respondents the following reliefs:

(1) A declaration of his title to a piece of land forming part of the Kokomlemle lands in Accra;
(2) Four hundred and eighty cedis (¢480.00) damages for trespass;
(3) Recovery of possession of the said land; and
(4) Perpetual injunction.

The evidence was short and simple, and after a careful analysis of the case for the plaintiff and for the defence, the learned trial judge made four crucial findings. The first finding is contained in the following passage of the judgment:

“The first issue to be resolved is whether the plaintiff is the owner of the disputed plot which is edged green, red and ye…

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